New York State Court of Claims

New York State Court of Claims

TOR v. THE STATE OF NEW YORK, #2006-015-143, Claim No. 110874, Motion No. M-72343


Synopsis


Claimant's motion for discovery sanctions pursuant to CPLR 3126 and 3042 was denied as insufficiently supported and premature in the absence of a good faith effort to obtain discovery.

Case Information

UID:
2006-015-143
Claimant(s):
BUDHA TOR
Claimant short name:
TOR
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110874
Motion number(s):
M-72343
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Budah Tor, Pro Se
Defendant’s attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
December 13, 2006
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves for an order pursuant to CPLR §§ 3126 and 3042 striking the defendant's answer or, in the alternative, precluding the defendant from submitting evidence at trial as to those items of discovery which have been demanded but not provided. The motion consists of only a notice of motion and an affidavit of service. The motion papers do not include an affidavit of the claimant setting forth the dates of service of the demands for discovery or the bill of particulars. In addition, copies of the discovery demands with affidavits of service of same were not submitted nor was it established that the claimant has made a good faith effort to obtain this discovery without resort to motion practice. The motion is therefore denied with leave to resubmit upon a proper showing.


December 13, 2006
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court has considered the following papers:
  1. Notice of motion dated September 28, 2006;
  2. Letter from Saul Aronson dated October 10, 2006.